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23-6-2016 9:25 am  #1


Lost

I lost my case at crown court ...I was unable to attend due to bad health, other person who also had goods seized same day as me went.I gave letter saying he could speak on my behalf, that we as refused. ...also had doctors note.
He won his case, I lost my with £500 court costs. Lost with point of law ?

Had been to see solicitor, costing a small fortune !!!!
He Said they have not left any choice for me to appeal....or he can do is sent letter asking them to reopened the case ...which I will have to attend.

The notice of chaim was sent jointed ....does that mean that my friend could have taken on my case ?

Not sure what way to go yet.
Maybe pick the wrong solicitor as he didn't know what he could do. ..doesn't normally deal with these cases...also said they never give back costs...which I was hoping for if I go forward with it, as it's adding up already. Also didn't understand what point of law that I lost the case , as friend was only told that and not on what point. ..he did say he couldn't understand and it doesn't make sense that he won and I lost as it was both our money that brought the goods.

 

29-6-2016 2:47 pm  #2


Re: Lost

littlelegs wrote:

. Lost with point of law ?

The "point of law" referred to may be the following (from CEMA Schedule 3 Paragraph 10)

(1)In any proceedings for condemnation instituted in England, Wales or Northern Ireland, the claimant or his solicitor shall make oath that the thing seized was, or was to the best of his knowledge and belief, the property of the claimant at the time of the seizure.

...

(3)If any requirement of this paragraph is not complied with, the court shall give judgment for the Commissioners.


Paragraph 10 is usually take care of at the preliminary hearing in the magistrates court, but you may be required to do it again in the Crown Court.



littlelegs wrote:

The notice of chaim was sent jointed ....does that mean that my friend could have taken on my case ?

No you must either represent yourself or be represented by a solicitor

It seems to me you can now do either or both of the following:

1. Write to the Crown Court and ask them to relist the appeal. However, if you lose will you will be liable for additional costs (although this does not seem likely if your mate won). You will need to represent yourself. Your solicitor is right that if you win you will probably not get any costs (a Cert 144 will almost certainly be issued.)

2. Appeal to the tribunal. Again you will have to represent yourself, but you will not be liable for costs if you lose.  The process is very laborious however. Assuming you had a "coffee machine" restoration decision and did not apply for a statutory review, you will first have to apply to Border Force for a late (late, late!!!) review of the decision to refuse to restore the goods. If this request is refused, or they refuse to restore the goods (or pay compensation) you can then appeal to the tribunal. 

If the goods were condemned on a "point of law" you may be able to argue in the tribunal that the goods were all for your own use.

Hope this helps.


 

Last edited by turbulentupstart (29-6-2016 2:48 pm)

 

29-6-2016 5:07 pm  #3


Re: Lost

Littlelegs has PM'd me several times hence I did not reply here.

I'm sure her case was actually at mags and not crown court. She seemed adamant she would not attend court and was looking for a way around this. Hence I told her that nothing could be done.


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02-7-2016 12:57 pm  #4


Re: Lost

Solicitor wrote letter to magistrates courts to asked them to 're open case.
Letter back from court.

to say that client s application to adjourn was refused by the court and the case proceeded in her absence.
On the basis that one bench cannot appeal a decision of another and no new information having been put before court, I cannot see that there are any found a fir this case to be 're opened.

Client can appeal to court court within 21 days.

     Thread Starter
 

03-7-2016 9:30 am  #5


Re: Lost

This is the same advice I gave you. You have 21 days to appeal to Crown court. This is the only way forward and you have to attend. 

Your solicitor should know this and should have advised accordingly.


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Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

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